Should Child Marriages be made void ab-initio in India?

Abstract

India, today in this progressive out-front still struggles with some of its medieval practices. These practices hinder the growth of the society. One such practice is Child Marriage. For a valid marriage under the Hindu law the bridegroom must attain twenty-one years of age and the wife must attain eighteen years of age. According to the current law under Prohibition of Child Marriage Act, 2006, a child marriage where either or both the parties have not attained majority is recognized yet stands voidable at the option of the parties who were minor at the time of marriage after they attain majority.[1] This law thus creates a series of loopholes and contradictions with the penal as well as constitutional provisions which shall be discussed in this research paper. In addition to it the violations of human rights with grave unwarranted consequences like premature sexual relations, malnutrition, infant and maternal mortalities and deprivation of educational and employment opportunities of women which are caused by Child Marriages shall be analyzed. Hence, keeping these points in mind, this paper aims to find out, whether or not Child Marriages should be made void ab initio in India. Since such decision could have serious ramifications in a country where Child marriage has been performed for centuries and has been embedded in the tradition of some of the communities, which could result in majority of marriages being annulled in the remote parts of the country, creating a social havoc. This paper also aims to ascertain, in addition in making the practice void ab initio should the practice be made illegal and have penal punishments.

[1] Section 3 of The Prohibition of Child Marriage Act, 2006.